Please advise

[replaysports 41]

10 hours ago, Loren Y said:

Yes, looks like 4/27/2021 is the rough date. Don't try to file exactly on that date though, many people seem to miscount by a day or two and end up getting their petition returned, wait a week after that date to be safe. USCIS has a calculator to figure out when you can apply. You also have to take into account any extended periods she may have been outside the US. Double check your math with the N400 calculator you can find online.

If you do the application online it will not allow you to submit the application it unless it EXACTLY 90 days or less to the three year requirement. So you couldn't submit earlier if you wanted to, but of course you could submit if it later. 

[replaysports 41]

6 hours ago, Zaidba said:

That is right and it is better to wait one or two more days after 4/27/2021. As for your question about the requirement to file within the 3 months before completing 3 years of marriage, and green card issue date; No you can file anytime after the date above. There are people who wait for 10 or more years before they file because they do not find they need to get the citizenship.

That is not true... I filed on the exact 90 days to my 3 years of getting my GC and it was accepted. Filing online will block you from submitting prior to the 90 days to your 3 year anniversary, and it will allow you to submit on the day of of 90s days till GC issued date.

[HRQX 4,145]

6 minutes ago, replaysports said:

That is not true... I filed on the exact 90 days to my 3 years of getting my GC and it was accepted.

The issue isn't at filing. It's later at N-400 adjudication. That being said, experiences may differ:

That case was eventually resolved, but had to involve Ombudsman and Congressman.

Edited November 19, 2020 by HRQX

[Loren Y 2,756]

52 minutes ago, replaysports said:

That is not true... I filed on the exact 90 days to my 3 years of getting my GC and it was accepted. Filing online will block you from submitting prior to the 90 days to your 3 year anniversary, and it will allow you to submit on the day of of 90s days till GC issued date.

And if the OP mails in his N400 early, I'm pretty sure if it gets there early based on the postmark it could be refused, I see it happen at least once a month here. So yes, if you file online the system will stop you from filing early, but the system can't stop someone from dropping it in a mailbox.

[HRQX 4,145]

7 minutes ago, Loren Y said:

And if the OP mails in his N400 early, I'm pretty sure if it gets there early based on the postmark it could be refused

It wouldn't be the postmark date. It would be the date it arrives at filing location (e.g. Lockbox, etc.). See 8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

[Zaidba 39]

8 hours ago, HRQX said:

It wouldn't be the postmark date. It would be the date it arrives at filing location (e.g. Lockbox, etc.). See 8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

 

 

Edited November 19, 2020 by Zaidba

[ThaOne 101]

Everyone seems to suggest the earlier date the OP can file. But unless all of a sudden my understanding skills just left me, if you all read what the OP actually asked, the OP isn't concerned about when she can file the earliest. The OP clearly was asking whether she can file LATER than 90 days before. The OP actually thought that it was mandatory to file during that 90 day period to be under the 3 year rule. But all responses have been about how early she can file which I am sure you are confusing her even more. So maybe for financial reasons, or due to not being available, or for other reasons the OP is asking if it can be delayed and not necessarily file 90 days before, so asking if she can wait till april or later.

Simple response is to tell the OP YES! instead of this war to determine who is right about the 90 days.

OP: You do NOT have to file 90 days before. You are allowed to (but not required to) file whenever you want 90 days prior (whenever that is) but since you want to delay it, then it isn't a worry.

 

As for people giving advice about counting days and as soon as you (think you) get to the the 90 days, then file, it's really bad advice. Wait a week after that at least or even a couple of weeks. Why take the risk? Filing 1 week later isn't really going to change that much how long you will wait in line anyway (obviously unless if a week later there is another COVID lockdown...). Filing a day too early will get your application rejected which I guess doesn't come with a refund. (obviously if you file by mail)

 

[replaysports 41]

10 hours ago, Loren Y said:

And if the OP mails in his N400 early, I'm pretty sure if it gets there early based on the postmark it could be refused, I see it happen at least once a month here. So yes, if you file online the system will stop you from filing early, but the system can't stop someone from dropping it in a mailbox.

In todays day and age, why even waste the stamp? But if they insist on mailing it; you can still use their online system, cause likely you will want to get updates for your case anyways, and fill in the files which would be your GC issue date on the GC and then try and submit and it will block you if its not 90 or within the 90 days. If its not error-ed out, you can go mail it. 

[replaysports 41]

24 minutes ago, ThaOne said:

Everyone seems to suggest the earlier date the OP can file. But unless all of a sudden my understanding skills just left me, if you all read what the OP actually asked, the OP isn't concerned about when she can file the earliest. The OP clearly was asking whether she can file LATER than 90 days before. The OP actually thought that it was mandatory to file during that 90 day period to be under the 3 year rule. But all responses have been about how early she can file which I am sure you are confusing her even more. So maybe for financial reasons, or due to not being available, or for other reasons the OP is asking if it can be delayed and not necessarily file 90 days before, so asking if she can wait till april or later.

Simple response is to tell the OP YES! instead of this war to determine who is right about the 90 days.

OP: You do NOT have to file 90 days before. You are allowed to (but not required to) file whenever you want 90 days prior (whenever that is) but since you want to delay it, then it isn't a worry.

 

As for people giving advice about counting days and as soon as you (think you) get to the the 90 days, then file, it's really bad advice. Wait a week after that at least or even a couple of weeks. Why take the risk? Filing 1 week later isn't really going to change that much how long you will wait in line anyway (obviously unless if a week later there is another COVID lockdown...). Filing a day too early will get your application rejected which I guess doesn't come with a refund. (obviously if you file by mail)

 

What risk are you referring to? Your old wives talk of waiting a couple of days to a week or more is just stupid... the law if the law and use the law to your advantage. I did... I filed the same exact day, actually early in the morning on that day, cause the system let me, which it wouldn't the day before... and the reason its 90 days is because the earliest EVER that someone got citizenship was within 90 days, which if that would ever happen again... which it NEVER will, you cant be at your interview and not have cleared the 3 years for marriage based or 10 year for regular N-400.   

[ThaOne 101]

1 minute ago, replaysports said:

What risk are you referring to? Your old wives talk of waiting a couple of days to a week or more is just stupid... the law if the law and use the law to your advantage. I did... I filed the same exact day, actually early in the morning on that day, cause the system let me, which it wouldn't the day before... and the reason its 90 days is because the earliest EVER that someone got citizenship was within 90 days, which if that would ever happen again... which it NEVER will, you cant be at your interview and not have cleared the 3 years for marriage based or 10 year for regular N-400.   

Your language and use of insults says a lot about you. But I am an adult, I won't stoop to those levels. Good for you if you filed at midnight that day. How much sooner do you think that got you to the end?

Plus, calculating the exact 90 days, if someone makes the mistake by one day but mailed it in, the application is denied and they have to start all over. Really? What risk? Waiting a week or more do you really think that changes anything?

Finally, one should seriously read what OPs are actually asking for instead of trying desperately to show their counting and analytical skills which are mediocre at best.

Cheers!

[NikLR 13,232]

To answer the OP. No you do not have to file when the 90 day period opens. You can file at anytime after it opens. However as it’s been mentioned, it’s important to make sure you know exactly when that period opens so that you’re not accidentally filing too early even though you think you’re filing later. 
 

Some people have had issues filing exactly when their window opens. You can choose to wait a day or two, or a few months, or a year or more.  

[Kiky82 0]

1 hour ago, ThaOne said:

Everyone seems to suggest the earlier date the OP can file. But unless all of a sudden my understanding skills just left me, if you all read what the OP actually asked, the OP isn't concerned about when she can file the earliest. The OP clearly was asking whether she can file LATER than 90 days before. The OP actually thought that it was mandatory to file during that 90 day period to be under the 3 year rule. But all responses have been about how early she can file which I am sure you are confusing her even more. So maybe for financial reasons, or due to not being available, or for other reasons the OP is asking if it can be delayed and not necessarily file 90 days before, so asking if she can wait till april or later.

Simple response is to tell the OP YES! instead of this war to determine who is right about the 90 days.

OP: You do NOT have to file 90 days before. You are allowed to (but not required to) file whenever you want 90 days prior (whenever that is) but since you want to delay it, then it isn't a worry.

 

As for people giving advice about counting days and as soon as you (think you) get to the the 90 days, then file, it's really bad advice. Wait a week after that at least or even a couple of weeks. Why take the risk? Filing 1 week later isn't really going to change that much how long you will wait in line anyway (obviously unless if a week later there is another COVID lockdown...). Filing a day too early will get your application rejected which I guess doesn't come with a refund. (obviously if you file by mail)

 

Thank you very much. That answers my question!!